UNION OF INDIA Vs. SUNIL TRIPATHI

JUDGEMENT

(1.) By the impugned judgment and order dated 20th July, 2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.12313 of 2015, Writ Petition (Civil) No.602 of 2017 & C.M. No.2775 of 2017, the appellant No.2 Central Bureau of Investigation ("CBI") has been directed to take immediate steps to convert preliminary enquiry (PE) No.2172014A0003 dated 7th May, 2014, PE No.4(A) dated 8th May, 2014 and PE No. AC12014 A0006 dated 12th May, 2014 into FIRs/RCs and to ensure that investigation is expeditiously completed and taken to its logical end in accordance with law. In addition, consequential directions have been issued to the appellant CBI.

(2.) The appellants have assailed the aforesaid decision on the ground that such directions to the CBI are untenable in law and would require the investigating agency to ignore its limits and functions and act beyond the statutory dispensation. According to the appellants, the effect of the directions given by the High Court is to call upon the CBI to act in a particular manner de hors the material facts and the conclusion recorded in the enquiry report. The thrust of the contention urged by the appellants is that since the CBI, after conducting preliminary enquiry, was of the prima facie opinion that there was no involvement of any public servant or any loss to the public funds, it was not a fit case for the CBI to take over the investigation and that the investigation thereof can be conveniently carried out by the State police. In this context, a note was submitted by the CBI to the concerned department to proceed with the matter in accordance with law. It is urged by the appellants that the High Court misdirected itself in relying upon the allegations adverted to in the PE registered by the CBI pursuant to the orders passed by the High Court on 8th January, 2014 in Writ Petition No.5578/2013 and mistook it as the conclusion arrived at by the Inquiry Officer. If that basis is discarded, then it would necessarily follow that the investigation of the alleged offence can be conveniently done by the State police as it does not involve any instance of national or international ramifications as well. In substance, it is urged by the appellants that it was not a fit case for entrusting the investigation of the alleged crime to CBI and that the High Court decision has failed to analyse all the relevant aspects placed before it in that regard.

(3.) The respondents, on the other hand, would contend that the appellants having failed to challenge the order dated 8th January, 2014 passed in Writ Petition No.5578/2013, cannot be heard to contend that CBI was not required to take over the investigation of the alleged crimes. In that, an unambiguous stand was taken by the appellants before the High Court in the said writ petition that the investigation of the alleged crimes referred to in the writ petition was already entrusted to the CBI and the investigation thereof was in progress. Notably, the CBI registered three separate P.Es. on 7th, 8th and 12th of May, 2014, reflective of the offence having been committed by unknown officials of the Directorate General of Resettlement ("DGR") and Ex-Servicemen (ESM) and including relating to undue peculiar benefit to private firms and other persons mentioned in the accused list and corresponding loss to public exchequer and Government undertakings. In light of the allegations, preliminary enquiry in respect of each of these alleged offences came to be registered against the firms and other unknown persons mentioned in the PEs. The concerned official who undertook the preliminary enquiry eventually submitted notes which were reproduced in the Status Report dated 17th October, 2016 filed before the High Court, stating thus: